Dedicated California Personal Injury Defense Attorneys
If you are a self-insured business, a property owner or an insurance company, you know how financially devastating a personal injury claim against your company can be. Besides the risk of a devastating judgment, defending personal injury lawsuits requires time, energy and financial resources. This additional burden on your company ultimately affects your profitability.
At Sack Rosendin Inc., each of our attorneys has been providing winning personal injury representation for more than 30 years. Our strategies and aggressive defense tactics are recognized by businesses and insurance companies throughout California.
If your business or insurance company has been named as a defendant in a personal injury lawsuit, contact our lawyers to being discussing your case.
Building A Strong Legal Strategy For You
Our first goal will be to position your case for summary judgment, so that you never face the risk of a trial. Our experienced trial lawyers are tough negotiators, and we are not afraid to go to trial when a plaintiff refuses to negotiate in good and reasonable faith.
Negligence is the violation of a duty. A duty exists only when a party has knowledge of a danger and the ability to protect against it. If we can prove either that you had no knowledge of the danger and no reason to know of it, or that the precautions against the known danger would not have prevented the injury that actually occurred, the plaintiff loses.
Frequently Asked Questions About Personal Injury Defense
Most California business owners worry about frivolous or unfounded personal injury lawsuits. Here are the answers to a few significant concerns.
What should a business do immediately after receiving a personal injury lawsuit or demand letter?
A personal injury lawsuit or demand letter against a business can lead to monetary and reputational damage if approached incorrectly. Businesses should take steps to significantly reduce the impact of a lawsuit or demand letter, including the following:
- Plan a response carefully: The wrong response to a lawsuit or demand letter can only make matters worse. Businesses should respond to a lawsuit or demand letter formally within deadlines to avoid default judgments or lost leverage.
- Notify insurance carriers: Businesses should contact their insurance carriers. Notifying insurance carriers too late could jeopardize coverage.
- Preserve evidence: Businesses are responsible for preserving relevant evidence for a case. Spoliation of evidence could severely impact a business’s defense.
- Limit publicity: Details of a lawsuit can sometimes be damaging to a company’s image or reputation. Limit what information goes out and be factual when discussing a lawsuit or demand letter with others.
The most important step businesses can take to protect their liability is to reach out to an attorney. The attorneys at Sack Rosendin Inc. have years of experience advocating for business owners and helping them resolve legal issues as quickly and efficiently as possible.
How does California’s comparative fault system affect my business defendant’s liability exposure?
California is a pure comparative fault state. Pure comparative fault means that the plaintiff of a personal injury case can recover damages even if they are 99% liable for their own losses. However, the available damages are reduced according to the degree of fault attributed to the plaintiff. For example, if a plaintiff is found to be 80% at fault for a $100,000 claim, they would be due only $20,000.
What documents and evidence should a company preserve to avoid spoliation claims?
Evidence is crucial to a personal injury case. Businesses should preserve as much evidence as possible to support their defense, including the following:
- Accident reports
- Surveillance footage
- Defective products
- Emails, phone calls or texts
- Witness statements
Our attorneys at Sack Rosendin Inc. can help self-insured businesses properly respond to personal injury claims and assert the strongest possible defenses.
Let Us Discuss Your Case
If your company has been named as a defendant in a personal injury suit, choose a firm with the skills to defend you effectively. You can reach our Oakland personal injury defense law office at 510-270-5559 or through email.